THE EXTINCTION AND CREATION OF RIGHTS WITH THE LABOR REFORM: JURISPRUDENTIAL UNDERSTANDING ON THE APPLICATION OF THE REFORM

Abstract

The 2017 labor reform introduced significant changes to the Consolidation of Labor Laws (CLT), directly impacting labor relations in Brazil. Among the main effects were the elimination of consolidated rights, the creation of new contractual modalities, and the strengthening of individual and collective bargaining. These transformations demanded a critical response from the judiciary, particularly from the Regional Labor Courts and the Superior Labor Court, which have played a crucial role in balancing the legality of the new provisions with the constitutional principles of labor law. Judicial interpretation has aimed to ensure the protection of workers' fundamental rights, preventing social setbacks and ensuring that flexibility does not result in precarious working conditions. Thus, jurisprudence reaffirms its role as a defender of social justice and equilibrium in labor relations.